49 U.S.C. § 30501 — Definitions

Page 819 TITLE 49—TRANSPORTATION § 30501 (b) AVAILABILITY OF AMOUNTS.—Amounts au- thorized under this section remain available until expended. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 979; Pub. L. 103–331, title III, § 343, Sept. 30, 1994, 108 Stat. 2496; Pub. L. 103–429, § 6(25), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–59, title III, § 343, Nov. 28, 1995, 109 Stat. 610; Pub. L. 104–287, § 5(59), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–18, title II, § 8004, June 12, 1997, 111 Stat. 195; Pub. L. 105–130, § 6(c), Dec. 1, 1997, 111 Stat. 2559.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 30308 .......... 23:401 (note). Oct. 25, 1982, Pub. L. 97–364, § 211, 96 Stat. 1747; Dec. 18, 1991, Pub. L. 102–240, § 2007, 105 Stat. 2080. In subsection (a), the text of section 211(a) of the Na- tional Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1747) is omitted as executed. The words ‘‘and the provisions of Public Law 86–660 (74 Stat. 526)’’ and ref- erences to fiscal years 1983–1987 and 1992 are omitted as obsolete. The word ‘‘section’’ in the source provision is translated as if it were ‘‘title’’ to reflect the apparent intent of Congress. PUB. L. 103–429 This amends 49:30308(b) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 979). PUB. L. 104–287 This amends 49:30308 to correct a grammatical error. Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–130 substituted ‘‘1994,’’ for ‘‘1994, and’’ and inserted ‘‘and $1,855,000 for the pe- riod of October 1, 1997, through March 31, 1998,’’ after ‘‘1997,’’. Pub. L. 105–18 substituted ‘‘, 1996, and 1997’’ for ‘‘and 1996’’. 1996—Subsec. (a). Pub. L. 104–287 inserted a comma after ‘‘September 30, 1994’’. 1995—Subsec. (a). Pub. L. 104–59 substituted ‘‘and $2,550,000 for each of fiscal years 1995 and 1996’’ for ‘‘and $2,550,000 for fiscal year 1995’’. 1994—Subsec. (a). Pub. L. 103–331 inserted ‘‘and $2,550,000 for fiscal year 1995’’ after ‘‘1994’’. Subsec. (b). Pub. L. 103–429 substituted ‘‘authorized’’ for ‘‘appropriated’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. CHAPTER 305—NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM Sec. 30501. Definitions. 30502. National Motor Vehicle Title Information System. 30503. State participation. 30504. Reporting requirements. 30505. Penalties and enforcement. Editorial Notes AMENDMENTS 1997—Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, amended directory language of Pub. L. 104–152. See 1996 Amendment note below. 1996—Pub. L. 104–152, § 2(c), July 2, 1996, 110 Stat. 1384, as amended by Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, substituted ‘‘National Motor Vehicle Title Information System’’ for ‘‘National Automobile Title Information System’’ in chapter heading and in item 30502. § 30501. Definitions In this chapter— (1) ‘‘automobile’’ has the same meaning given that term in section 32901(a) of this title. (2) ‘‘certificate of title’’ means a document issued by a State showing ownership of an automobile. (3) ‘‘insurance carrier’’ means an individual or entity engaged in the business of under- writing automobile insurance. (4) ‘‘junk automobile’’ means an automobile that— (A) is incapable of operating on public streets, roads, and highways; and (B) has no value except as a source of parts or scrap. (5) ‘‘junk yard’’ means an individual or enti- ty engaged in the business of acquiring or owning junk automobiles for— (A) resale in their entirety or as spare parts; or (B) rebuilding, restoration, or crushing. (6) ‘‘operator’’ means the individual or enti- ty authorized or designated as the operator of the National Motor Vehicle Title Information System under section 30502(b) of this title, or the Attorney General, if there is no authorized or designated individual or entity. (7) ‘‘salvage automobile’’ means an auto- mobile that is damaged by collision, fire, flood, accident, trespass, or other event, to the extent that its fair salvage value plus the cost of repairing the automobile for legal operation on public streets, roads, and highways would be more than the fair market value of the automobile immediately before the event that caused the damage. (8) ‘‘salvage yard’’ means an individual or entity engaged in the business of acquiring or owning salvage automobiles for— (A) resale in their entirety or as spare parts; or (B) rebuilding, restoration, or crushing. (9) ‘‘State’’ means a State of the United States or the District of Columbia. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 979; Pub. L. 104–152, §§ 2(c), 3(a), July 2, 1996, 110 Stat. 1384; Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30501 .......... 15:2041. Oct. 25, 1992, Pub. L. 102–519, § 201, 106 Stat. 3389. In subsection (a)(2), the word ‘‘showing’’ is sub- stituted for ‘‘evidencing’’ to use a more commonly un- derstood term. Page 820 TITLE 49—TRANSPORTATION § 30502 In subsection (a)(3), (5), and (8), the words ‘‘individual or entity’’ are substituted for ‘‘individual, corporation, or other entity’’ for clarity and consistency in the re- vised title and with other titles of the United States Code. In subsection (a)(4) and (7), the words ‘‘public streets, roads, and highways’’ are substituted for ‘‘roads or highways’’ for clarity and consistency in the revised title. In subsection (a)(6), the words ‘‘National Automobile Title Information System’’ are substituted for ‘‘infor- mation system’’ for clarity. The words ‘‘no authorized or designated individual or entity’’ are substituted for ‘‘no such individual or entity is authorized’’ for clarity In subsection (a)(7), the word ‘‘event’’ is substituted for ‘‘occurrence’’ for clarity and consistency. The text of 15:2041(9) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. Editorial Notes AMENDMENTS 1997—Par. (6). Pub. L. 105–102 amended directory lan- guage of Pub. L. 104–152, § 2(c). See 1996 Amendment note below. 1996—Par. (6). Pub. L. 104–152, § 3(a), substituted ‘‘At- torney General’’ for ‘‘Secretary of Transportation’’. Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, § 3(b), substituted ‘‘National Motor Vehicle Title Infor- mation System’’ for ‘‘National Automobile Title Infor- mation System’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, pro- vided that the amendment made by section 3(b) is effec- tive July 2, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title. § 30502. National Motor Vehicle Title Information System (a) ESTABLISHMENT OR DESIGNATION.—(1) In co- operation with the States and not later than De- cember 31, 1997, the Attorney General shall es- tablish a National Motor Vehicle Title Informa- tion System that will provide individuals and entities referred to in subsection (e) of this sec- tion with instant and reliable access to informa- tion maintained by the States related to auto- mobile titling described in subsection (d) of this section. However, if the Attorney General de- cides that the existing information system meets the requirements of subsections (d) and (e) of this section and will permit the Attorney General to carry out this chapter as early as possible, the Attorney General, in consultation with the Secretary of Transportation, may des- ignate an existing information system as the National Motor Vehicle Title Information Sys- tem. (2) In cooperation with the Secretary of Trans- portation and the States, the Attorney General shall ascertain the extent to which title and re- lated information to be included in the system established under paragraph (1) of this sub- section will be adequate, timely, reliable, uni- form, and capable of assisting in efforts to pre- vent the introduction or reintroduction of sto- len vehicles and parts into interstate commerce. (b) OPERATION.—The Attorney General may authorize the operation of the System estab- lished or designated under subsection (a)(1) of this section by agreement with one or more States, or by designating, after consulting with the States, a third party that represents the in- terests of the States. (c) USER FEES.—Operation of the System es- tablished or designated under subsection (a)(1) of this section shall be paid for by user fees and should be self-sufficient and not be dependent on amounts from the United States Government. The amount of fees the operator collects and keeps under this subsection subject to annual appropriation laws, excluding fees the operator collects and pays to an entity providing infor- mation to the operator, may be not more than the costs of operating the System. (d) INFORMATION REQUIREMENTS.—The System established or designated under subsection (a)(1) of this section shall permit a user of the System at least to establish instantly and reliably— (1) the validity and status of a document purporting to be a certificate of title; (2) whether an automobile bearing a known vehicle identification number is titled in a particular State; (3) whether an automobile known to be ti- tled in a particular State is or has been a junk automobile or a salvage automobile; (4) for an automobile known to be titled in a particular State, the odometer mileage disclo- sure required under section 32705 of this title for that automobile on the date the certificate of title for that automobile was issued and any later mileage information, if noted by the State; and (5) whether an automobile bearing a known vehicle identification number has been re- ported as a junk automobile or a salvage auto- mobile under section 30504 of this title. (e) AVAILABILITY OF INFORMATION.—(1) The op- erator shall make available— (A) to a participating State on request of that State, information in the System about any automobile; (B) to a Government, State, or local law en- forcement official on request of that official, information in the System about a particular automobile, junk yard, or salvage yard; (C) to a prospective purchaser of an auto- mobile on request of that purchaser, including an auction company or entity engaged in the business of purchasing used automobiles, in- formation in the System about that auto- mobile; and (D) to a prospective or current insurer of an automobile on request of that insurer, infor- mation in the System about that automobile. (2) The operator may release only the informa- tion reasonably necessary to satisfy the require- ments of paragraph (1) of this subsection. The operator may not collect an individual’s social security account number or permit users of the System to obtain an individual’s address or so- cial security account number. (f) IMMUNITY.—Any person performing any ac- tivity under this section or sections 30503 or 30504 in good faith and with the reasonable belief that such activity was in accordance with this section or section 30503 or 30504, as the case may be, shall be immune from any civil action re-